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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Kusum Gupta – Appellant
Versus
Govt. of NCT of Delhi & Anr. – Respondents
W.P.(C) 6368 of 2023
Decided On : 30-05-2023
Urbanization - Delhi Land Reforms Act, 1954 - The court set aside the final order passed under the DLR Act and quashed the proceedings pending before the Deputy Commissioner, as the area in question had been urbanized, rendering the proceedings non-est and illegal.
Fact of the Case:
The area in question had been urbanized by way of notification in 2017, and the final order of vesting was passed in 2019. The court found that any proceedings under the DLR Act after the urbanization were non-est and illegal.
Finding of the Court:
The court set aside the final order under the DLR Act and quashed the pending proceedings before the Deputy Commissioner, based on the urbanization of the area and the subsequent illegality of the proceedings.
Issues: The main issue was the legality of the proceedings under the DLR Act after the urbanization of the area.
Ratio Decidendi: The court held that any proceedings under the DLR Act after the urbanization of the area were non-est and illegal, leading to the setting aside of the final order and quashing of the pending proceedings.
Final Decision: The final order under the DLR Act was set aside, and the proceedings pending before the Deputy Commissioner were quashed.
JUDGMENT
Mini Pushkarna, J. (Oral)--The present petition has been filed with directions to quash the proceedings pending in respect of petitioner's land bearing Khasra No. 42//17/1 min (1-14), situated in Village Chhawla, Tehsil Kapashera, District South-West, New Delhi in Case No. 1/51/2020, titled as Gaon Sabha Chhawla Vs. Kusum Gupta, pending before the learned Deputy Commissioner, Kapashera, District South West, New Delhi.
2. The facts on record clearly show that in the present case the area in question i.e. Village Chhawla has been urbanized by way of notification dated 16.05.2017 under Section 507 of the Delhi Municipal Corporation Act, 1957.
3. The final order of vesting in the present case was passed on 31.10.2019 by the Sub-Divisional Magistrate (SDM)/Revenue Assistant (RA) (Kapashera). Thus, it is clear that the order of vesting came to be passed in the year 2019, which was much later after the urbanization of the area in the year 2017.
4. After urbanization of the area in question in the year 2017, the proceedings under the Delhi Land Reforms Act, 1954 (DLR Act) became non-est and could not have continued. Thus, any proceedings under the DLR Act which continued after the issuance of the notification dated 16.05.2017 declaring the area in question as urbanized, were clearly non-est and illegal.
5. In view of the aforesaid, the final order dated 31.10.2019 under Section 81 of the DLR Act passed by the Sub-Divisional Magistrate/Revenue Assistant (Kapashera) is set aside. Consequently, the proceedings pending before the Deputy Commissioner, Kapashera in case bearing No. 1/51/2020, titled as Gaon Sabha Chhawla Vs. Kusum Gupta, pending in respect to land of the petitioner in khasra no. 42//17/1 min (1-14), situated in Village Chhawla, Tehsil Kapashera, District South-West, New Delhi, are hereby quashed.
6. With the aforesaid directions, the present writ petition is disposed of.
Proceedings under the DLR Act after the urbanization of the area were deemed non-est and illegal, leading to the setting aside of the final order and quashing of the pending proceedings.
Proceedings under the Delhi Land Reforms Act after urbanization of the area were deemed illegal and non-est, leading to the setting aside of the vesting and conditional orders.
Once an area has been urbanised, the proceedings under the Delhi Land Reforms Act cannot continue any further.
Once an area has been urbanised, proceedings under the Delhi Land Reforms Act cannot continue any further.
Once a notification is published under the Delhi Development Act, 1957, the provisions of the DLR Act cease to apply, and any proceedings under the DLR Act after urbanization are without jurisdiction....
Once a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized.
Once an area has been declared as a Low Density Residential Area (LDRA), it ceases to be a rural area and becomes part of the urban area, leading to the cessation of the applicability of the DLR Act ....
The main legal point established in the judgment is that once a particular area has been recognized as urbanized, proceedings under the DLR Act cannot be initiated or continued.
The order of vesting made under Section 81 and 82 of Act divests and deprives owner or occupier of all rights existing in the land. Vesting results in Gaon Sabha acquiring absolute title and rights o....
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